Perma Nand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1886 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== 1.

Perma Nand Sharma Son of Late Kamli Sharma Resident of Village - Beldaur, Police Station - Beldaur, District - Khagaria. 2.

Kanhaiya @ Vivek Shaarma Son of Perma Nand Sharma Resident of Village - Beldaur, Police Station - Beldaur, District - Khagaria. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Uday Chand Prasad, Advocate For the Respondent/s :

Mr. Vinay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-08-2021 Heard the parties in virtual Court proceeding. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for bail by the learned Additional Sessions Judge 1st -cum-Special Judge (S.C./S.T. Act), Khagaria, in connection with Beldaur Police Station Case No.334 of 2020, registered under Sections 302/34/120B of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The FIR was lodged on recovery of dead body of the husband of the informant. The FIR is against unknown. Name

Patna High Court CR. APP (SJ) No.1886 of 2021(3) dt.17-08-2021 2/2 of the appellants surfaced during during investigation. Identically situated some other co-accused have already been allowed bail. Investigation of the case is already complete. Considering the facts aforesaid, let the appellants, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the appellants shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellants.

The appellants shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and appeal is allowed.

(Birendra Kumar, J) Mkr./- U T